High Court, former Supreme Court presidents warn of ‘anarchy' over gov't refusal to abide by rulings

Israel could be headed towards a constitutional crisis as the coalition government and the judiciary continue to spar publicly. 

The High Court justices warned on Tuesday that “without obedience to court rulings, the principle of the rule of law and justice is undermined, and social order crumbles.” 

“A person will do whatever seems right in his own eyes,” the court continued, quoting a Bible verse, “and the distance between the rule of law and anarchy is as thin as a hair's breadth.” 

“The duty to obey and respect court rulings is one of the fundamental conditions on which a rule of law in a democratic state is founded,” Supreme Court President Yitzhak Amit and Supreme Court Justices Alex Stein and Ruth Ronen wrote in a letter which also warned of legal consequences for anyone who chooses to act against its rulings. 

“Failure to respect a court ruling by a citizen is a serious manifestation of a violation of the rule of law,” the High Court said. “Seven times more serious is the failure to respect a ruling by a government authority.” 

The court also warned that elected and public officials who do not follow court rulings could lose immunity to civil damages suits. 

“These basic principles apply both to the actions of elected officials and to the actions of public servants, all of whom are required to act in accordance with the provisions of the law,” the High Court ruling stated. “In the case of the latter, it is not superfluous to note that the actions of public servants in violation of judicial decisions may lead, in appropriate cases, to the fact that the personal immunity arrangement granted against tort claims will not apply.” 

The warning came as the government shows no signs of backing down in its latest confrontation with the judiciary over the Second Authority Council for Television and Radio, Israel’s regulatory body for commercial broadcasting. 

The fifteen member council is in charge of regulating public and commercial broadcasting in Israel, as well as approving sales of private broadcasting companies. After a group of high-tech entrepreneurs, led by Wiz co-founder Assaf Rappaport, sought to buy out Channel 13, six members of the council resigned their positions, reportedly under pressure from Communications Minister Shlomo Karhi. 

Those resignations led to a situation in which the council lacked sufficient members to approve the sale. In a June 17 ruling, the High Court allowed the council to continue operating despite lacking the legally required number of members needed to make decisions. 

The coalition government announced its intention to disregard the ruling, arguing it violates the written law regarding the council’s operations. 

At the same time, all five living former Supreme Court presidents also issued a statement condemning the government’s announcement that it would not honor the High Court’s ruling. 

“Disobedience to the court's orders and decisions is the final nail in the coffin of democracy,” the former Supreme Court presidents wrote in a joint statement. 

“This is a move that completely disrupts the order of government and justice in the country. It leads to anarchy and the concentration of all governmental powers in the hands of a single body and will not allow for an improved life,” the statement continued. 

Justice Minister Yariv Levin responded to the statements with an attack of his own, accusing the court of violating the law and the democratic process. 

“As the last of the dictators who have lost the public's trust, they [the court justices] threaten to suppress by force those who demand justice. This will not work for them,” Levin said in a statement posted to his Facebook page. “It is time for the judges to do some soul-searching to determine how they reached such a low point. Respecting the law and respecting democratic decision-making are the duties of every citizen - even if he is a judge on the Supreme Court.” 

Finance Minister Bezalel Smotrich called the High Court a “legal mafia” in a scathing post to his 𝕏 account. 

“The legal mafia has moved on to extortion by threats,” Smotrich wrote. “This is exactly what a threatening message that reminds you of a protection racket sounds like.” 

“What’s next? Envelopes with bullets sent to government ministries? A horse’s head in their beds? Bottles of gasoline left on the cars of elected officials?” he asked. 

The current conflict represents the latest attempt by the coalition government to bring the issue of judicial reforms to the forefront, which were a significant part of coalition campaigns in the 2022 elections.